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The U.S. Consumer Product Safety Improvement Act's enforcement guidelines for Section 101 – Lead Limitation, No. 7/2009

  • 2009-03-21
Enforcement guidelines for Section 101 – Lead Limitation – of the U.S. Consumer Product Safety Improvement Act. NO.7/2009



The U.S. Consumer Product Safety Improvement Act of 2008 (CPSIA) took effect on August 14, 2008, and the new act set limits on lead content in children's products. The CPSIA defines children's products as those primarily intended for use by children under the age of 12. These products must meet the new standards for lead content in children's products (600 ppm from February 10, 2009, 300 ppm from August 14, 2009, and further reduced to the technically feasible minimum in 2011).

The Statement of Commission Enforcement Policy, issued on February 6, 2009, outlined the implementation policy after February 10, 2009. Its key points are summarized below:

Chapter 101(b)(2) states that the new lead content limits do not apply to parts of children's products that children cannot access through normal reasonable use.
Section 101(b)(4) states that Congress authorized the Commission to establish and publish rules on lead content limits for certain electronic devices. The Commission published a draft of such rules on 6 January 2009, and the Commission also hoped to publish transitional rules by 10 February 2009.
The committee has begun identifying materials and children's products with lead content below the 300 ppm limit. (This lead content limit came into effect on August 14, 2009.)
Chapter 214 amends Chapter 15(b) to expand the types of violations that need to be reported to the Commission. Manufacturers, suppliers, and retailers must notify the Commission if they discover that accessible parts of children’s products contain lead levels exceeding the limits and that such products were sold, imported, supplied, publicly offered, or sold in the United States after February 10, 2009.
Chapter 216 amends Chapter 19, making the export and sale of prohibited hazardous substances illegal. If an export is necessary, the Committee must be informed of the reasons and notify the relevant government authorities 30 days in advance.
Chapter 102 expands the application of Chapter 14, requiring certification that complies with CPSC prohibitions and standards. However, on January 30, 2009, the committee voted to postpone the certification requirements.

source
Committee Implementation Policy Statement

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